Understanding Comparative Negligence in Hawaii Personal Inju

Understanding Comparative Negligence in Hawaii Personal Injury Cases

When you’re involved in a personal injury case in Hawaii, one of the most important legal principles that can impact your claim is comparative negligence. This rule determines how fault is assigned in an accident and how much compensation an injured party can receive. Unlike states that follow a pure negligence or contributory negligence system, Hawaii follows a modified comparative negligence rule. Understanding how this law works is crucial for anyone pursuing a personal injury claim, as it directly affects the amount of damages a victim can recover.

If you’ve been injured in an accident, whether it’s a car crash, slip and fall, or another type of personal injury, knowing how comparative negligence applies to your case can help you navigate the legal process. Working with a Hawaii personal injury lawyer can also ensure that your rights are protected and that you receive the compensation you deserve.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine that determines how fault is shared between parties in an accident. In personal injury cases, it’s common for more than one party to be responsible for an accident. Instead of barring compensation completely if the injured party was partially at fault, comparative negligence allows them to recover damages, but their compensation is reduced based on their level of responsibility.

Hawaii follows a modified comparative negligence rule with a 51% bar. This means:

· An injured person can recover compensation only if they are 50% or less at fault for the accident.

· If the injured party is 51% or more at fault, they are barred from recovering any damages.

· If the injured party is partially at fault but less than 51% responsible, their compensation is reduced by their percentage of fault.

For example, if you were injured in a car accident and found to be 20% at fault, your compensation would be reduced by 20%. If your total damages amounted to $100,000, you would only be eligible to receive $80,000. However, if you were found to be 55% at fault, you would not be able to recover any compensation under Hawaii’s comparative negligence rule.

How Fault Is Determined in a Personal Injury Case

Determining fault in a personal injury case can be complex and often requires a detailed investigation. Insurance companies, attorneys, and courts will evaluate various forms of evidence, including:

· Police reports (for car accidents or other incidents involving law enforcement)

· Eyewitness testimony

· Medical records and expert opinions

· Surveillance footage or dashcam videos

· Accident reconstruction analysis

Because Hawaii’s comparative negligence law directly impacts compensation, insurance companies may attempt to assign a higher percentage of fault to you to reduce or deny your claim. This is one of the many reasons why working with an experienced personal injury attorney is beneficial. A lawyer can present strong evidence to dispute unfair fault allocations and maximize your potential compensation.

Comparative Negligence in Different Types of Personal Injury Cases

Hawaii’s modified comparative negligence rule applies to various types of personal injury cases, including:

Car Accidents

If two drivers are involved in a crash, the insurance companies will determine the level of fault for each party. For instance, if one driver was speeding, but the other driver ran a red light, both could be assigned a percentage of fault.

Slip and Fall Cases

In premises liability cases, property owners may argue that the injured person was partially at fault for not paying attention to their surroundings. If a person slips on a wet floor in a grocery store but was looking at their phone, the store may claim they were partially negligent.

Pedestrian Accidents

If a pedestrian is hit by a car while jaywalking, the driver may still bear some responsibility, but the pedestrian’s compensation could be reduced if they are found partially at fault.

How to Protect Your Claim Under Hawaii’s Comparative Negligence Law

To strengthen your personal injury case and ensure you receive fair compensation, consider the following steps:

1.     Gather strong evidence – Take photos of the accident scene, obtain witness statements, and secure medical records that support your claim.

2.     Avoid admitting fault – Be cautious when speaking with insurance adjusters, as they may use your statements against you.

3.     Seek medical attention immediately – A delay in medical treatment can be used as evidence that your injuries were not serious.

4.     Consult a personal injury attorney – An experienced Hawaii personal injury lawyer can help build your case, negotiate with insurance companies, and ensure that fault is properly assigned.

Understanding Hawaii’s modified comparative negligence rule is essential for anyone involved in a personal injury claim. Because your compensation depends on the percentage of fault assigned to you, even a small increase in your level of fault can significantly reduce your recovery. If you’ve been injured in an accident, seeking legal guidance can help you navigate the claims process and fight for the compensation you deserve.